Turkey’s top court rejects release request for detained mayor, orders health safeguards

Turkey’s Constitutional Court has rejected a request to release Murat Çalık, the arrested mayor of Istanbul’s Beylikdüzü district, while ruling that authorities must take measures to safeguard his health due to his medical history, Turkish media reported.

In a September 8 ruling the court said Çalık’s continued detention does not pose “a serious threat” to his right to life or to his physical and mental integrity. His lawyers had petitioned the court for urgent release on medical grounds, citing past cancer treatments and recent surgery for suspected lymphoma in July.

The court, however, ordered prison officials and prosecutors to monitor his condition closely, ensure detention conditions are compatible with his health needs and provide access to treatment, medical tests and hospitalization if required. The ruling was sent to İzmir No. 2 F-Type Prison, where Çalık is being held, and the Istanbul Chief Public Prosecutor’s Office.

Çalık’s lawyers criticized the ruling, saying the court relied heavily on a report by the state-run Council of Forensic Medicine (ATK) while failing to take into account warnings from İzmir Atatürk Teaching and Research Hospital about the risk of his cancer returning.

The ATK, which frequently issues medical opinions in high-profile cases, has faced criticism from rights groups for downplaying the serious health concerns of detainees.

“The safeguard decision has no real effect,” the lawyers said. “The state is already obliged to protect the life and health of every detainee. In our client’s case, the very fact of being held in prison creates the risk. The only effective measure would be release.” They added that the state is already obligated to protect the life and health of all detainees and that Çalık’s imprisonment under current conditions threatens his recovery.

Çalık’s legal team said they would continue to pursue appeals at the Constitutional Court and other judicial bodies, stressing that no indictment has yet been issued in his case.

Çalık was arrested in March during a sweeping crackdown on the main opposition Republican People’s Party (CHP). 

Following medical reports indicating strong signs of a recurrence of lymphoma, human rights groups and CHP deputies have called for Çalık’s release.

Despite these calls, Çalık was returned to prison, shortly after undergoing a biopsy in late July. His return went against a medical report issued during his visit to the hospital that strongly recommended his release pending trial due to the high risk of cancer recurrence.

The case comes amid an intensifying government crackdown on the CHP and its affiliates. Since March more than 500 people connected to the party or the İstanbul Metropolitan Municipality have been detained as part of what the government calls a wide-ranging corruption and terrorism probe.

Among those arrested are 14 CHP mayors, including suspended İstanbul Mayor Ekrem İmamoğlu, a senior member of the CHP and his party’s presidential candidate for the next election. İmamoğlu was detained on March 19 as part of an investigation that accuses him of corruption and terrorism, widely viewed as politically motivated. He was arrested on corruption charges a few days later.

The detentions follow a series of legal actions against İmamoğlu, whose arrest sparked Turkey’s worst protests in a decade and is seen as targeting the biggest political rival to President Recep Tayyip Erdoğan in the 2028 presidential election.

İmamoğlu has been sentenced to two prison terms, including one for allegedly insulting a public prosecutor. Both sentences are under appeal, but opposition leaders claim the charges are politically motivated.

International human rights groups and lawmakers in Europe have raised concerns over the rule of law in Turkey, warning that the mass detentions and legal pressures could further erode democratic norms. Silivri Prison, where many opposition figures are being held, has become a symbol of the country’s deepening political tensions.